Electronic Conveyancing and Other Matters Bill

In this Part —“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —

the sale, purchase or assignment of any immovable property;

the grant or surrender of a lease, licence or tenancy in respect of immovable property; and

the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.(2) For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.(3) The Minister may, by order in the Gazette, amend the Fifth Schedule.Contract for disposition of immovable property16U. Where a rule of law (including section 6(d) of the Civil Law Act 1909) requires a contract for the sale or other disposition of immovable property, or any interest in such property, to be in writing and signed, or provides for certain consequences if the contract is not in writing and signed —

that requirement for the contract for the sale or other disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and

that requirement for the contract for the sale or other disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.Disposition of equitable interest16V. Where a rule of law (including section 7(2) of the Civil Law Act 1909) requires a disposition of an equitable interest respecting any immovable property or interest in such property, to be in writing and signed, or provides for certain consequences if the disposition is not in writing and signed —

that requirement for the disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and

that requirement for the disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.Conveyance of immovable property, etc.16W.—

Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(2) Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(3) The conditions mentioned in subsections (1) and (2) are that —

the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;

the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;

each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;

where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;

where the person executing the electronic record as a deed is a body corporate —

the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or

that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —

in the case of a company — sections 41B and 41C of the Companies Act 1967;

in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;

in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or

in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and

each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.(4) In this section —“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —

as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or

proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.Remote witnessing of execution of document for conveyancing transaction16X.—

This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.(2) Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —

a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and

the method used is either —

as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or

proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.(3) The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —

maintain visual contact and communicate with the signatory throughout the process;

confirm the identity of the signatory;

verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;

confirm that the document which the witness later signs is the same document signed by the signatory; and

fulfil any other prescribed requirement.(4) For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:

the signatory;

the witness.Regulations for this Part16Y. The Minister may make regulations to prescribe anything which is required or permitted to be prescribed under this Part and generally for the carrying out of the provisions of this Part.”.

in item 2, in the second column, replace the matter with —“The creation, performance or enforcement of an indenture, declaration of trust or power of attorney, with the exception of —

an implied, constructive or resulting trust;

a lasting power of attorney as defined under section 2(1) of the Mental Capacity Act 2008; and

an indenture that is a document or instrument mentioned in section 16W(1) or (2) executed in a prescribed electronic transaction system mentioned in section 16W”;

in item 3, in the second column, after “or any interest in such property”, insert “, with the exception of a contract concluded in a prescribed electronic transaction system mentioned in section 16U”; and

in item 4, in the second column, after “any interest in immovable property”, insert “, with the exception of a disposition of an equitable interest respecting any immovable property or interest in such property, executed in a prescribed electronic transaction system mentioned in section 16V, and a conveyance or transfer executed in a prescribed electronic transaction system mentioned in section 16W”.

the sale, purchase or assignment of any land;

the grant or surrender of a lease, licence or tenancy in respect of land; and

the grant of a mortgage of or charge on land, or the redemption or discharge thereof; “cybersecurity” means the state in which a computer or computer system is protected from unauthorised access or attack, and where because of that state —

the computer or computer system continues to be available and operational;

the integrity of the computer or computer system is maintained; and

the integrity and confidentiality of information stored in, processed by or transmitted through the computer or computer system is maintained;“cybersecurity incident” means an act or activity carried out without lawful authority on or through a computer or computer system that jeopardises or adversely affects its cybersecurity or the cybersecurity of another computer or computer system;“electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010;“electronic instrument” means an instrument in electronic form;“land” includes any estate, interest or right in respect of land;“malfunction”, in relation to the electronic transaction system, includes any defect or breakdown in that system or in any equipment, software or telecommunication networks used in or in connection with that system.Electronic transaction system23.—

The Authority may establish an electronic transaction system —

to enable a person to create an electronic instrument with a view to carrying out a conveyancing transaction;

to enable a person to carry out a conveyancing transaction using one or more electronic instruments;

to facilitate a person’s payment of conveyancing money to another person;

to enable a person to access a service provided by the Authority or a third party service provider, in relation to the carrying out of a conveyancing transaction;

to enable a person to apply for a mortgage loan in relation to the carrying out of a conveyancing transaction;

to enable a person to serve (with the intended recipient’s consent) any document or notice in relation to a conveyancing transaction;

to enable a person to be served (with the person’s consent) any document or notice in relation to a conveyancing transaction;

to enable the Authority to provide a service for the supply of non‑confidential information relating to conveyancing transactions carried out using the electronic transaction system; and

to enable the Authority to carry out any of the Authority’s functions, or to provide any other service falling within those functions. (2) The non‑confidential information that may be provided under the service mentioned in subsection (1)(h) includes (but is not limited to) collations, summaries, reports or analyses of conveyancing transactions carried out using the electronic transaction system.(3) Where any conveyancing transaction can be carried out using the electronic transaction system, the Authority may refuse to process the transaction if —

the conveyancing transaction is not carried out in accordance with the prescribed requirements for the use of the electronic transaction system mentioned in subsection (4); or

the fee payable for the use of the electronic transaction system to process the conveyancing transaction (if prescribed by rules made under section 28) has not been paid.(4) Subject to this Part, the Minister may prescribe requirements for the use of the electronic transaction system, which may include —

conditions of access to, and use of, the electronic transaction system;

security and authentication requirements for access to, and use of, the electronic transaction system;

retention and production of documents supporting or authenticating transactions;

modes of payment for transactions; and

requirements for the purpose of preventing money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction.(5) The Authority must retain the records in accordance with section 9 of the Electronic Transactions Act 2010, for a prescribed period, of all conveyancing transactions that are carried out using the electronic transaction system.(6) Any agent who is authorised by the agent’s principal may take any step on behalf of the principal (including to accept service of any document or notice) in relation to a conveyancing transaction through the electronic transaction system.(7) In subsection (1)(d), “third party service provider” means a person (other than the Authority) which provides a service, whether on a commercial basis or not, which relates to the carrying out of a conveyancing transaction.Evidence of transaction on electronic transaction system24.—

Despite any other written law or rule of law —

a copy of the whole or any part of any original document or instrument that is certified by the Authority to be a true copy of the whole or the relevant part of the original document or instrument is in any proceedings admissible in evidence as of equal validity with the original document or instrument; and

any document prepared by the Authority that —

consists of information reproduced or extracted from any original document or instrument; and

contains a statement by the Authority that the information is a true reproduction or extract of the original document or instrument,is, unless evidence to the contrary is adduced, admissible in evidence in place of and to the same extent as the original document or instrument.(2) In this section, “original document or instrument” means a document or instrument created, edited, uploaded or used by a person in relation to a conveyancing transaction carried out (or to be carried out) using the electronic transaction system.Electronic transaction system — errors and omissions arising from malfunction or cybersecurity incident25.—

Despite any other written law or rule of law, the Authority may correct any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction, if —

the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

after being given written notice under subsection (2) of the correction which the Authority intends to make and a reasonable opportunity to make representations to the Authority, either —

all the parties to the conveyancing transaction agree to the intended correction; or

none of the parties to the conveyancing transaction satisfies the Authority that the correction is inaccurate.(2) Before the Authority corrects any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction (called in this section the relevant conveyancing transaction), the Authority must give all the parties to the relevant conveyancing transaction written notice of —

the correction which the Authority intends to make under subsection (1); and

the date on which the Authority intends to make the correction.(3) The date mentioned in subsection (2)(b) must not be earlier than 14 days after the date of the written notice mentioned in subsection (2).(4) Any party to the relevant conveyancing transaction may, at any time before the date mentioned in subsection (2)(b) —

notify the Authority that the party agrees to the intended correction; or (b)make representations to the Authority relating to the accuracy of the Authority’s intended correction mentioned in subsection (2)(a).(5) Upon the receipt of any representations made under subsection (4), the Authority may seek clarification from any party to the relevant conveyancing transaction with regard to anything mentioned in the representations which relates to the accuracy of the Authority’s intended correction.(6) The Authority must consider any representations made under subsection (4), together with any clarification obtained by the Authority under subsection (5), and —

if the Authority is satisfied that the Authority’s intended correction mentioned in subsection (2)(a) is inaccurate — give the parties to the relevant conveyancing transaction —

a written notice that the Authority is so satisfied and will not make the correction which the Authority earlier intended to make; or (ii)a written notice that the Authority is so satisfied and will make a different correction on a specified date unless the parties satisfy the Authority that this different correction is inaccurate; or

if the Authority is not satisfied that the Authority’s intended correction mentioned in subsection (2)(a) is inaccurate — proceed to make the correction under subsection (1).(7) Where the Authority gives a written notice mentioned in subsection (6)(a)(ii), subsections (2) to (6) apply, with the necessary modifications, to the proposed different correction.(8) The Authority must maintain a record of every correction made under subsection (1).(9) When any error or omission has been corrected under subsection (1), the error or omission is deemed not to have occurred.Correction by Authority of typographical or clerical error on application of party26.—

Subject to subsection (7), a party to a conveyancing transaction may apply to the Authority in the prescribed form (accompanied by the prescribed application fee) to correct any typographical or clerical error made by the party in any electronic record relating to the conveyancing transaction stored in the electronic transaction system.(2) Upon the receipt of any application mentioned in subsection (1) —

in a case where the typographical or clerical error was made in a data field in the electronic transaction system corresponding to the contents of another electronic record stored in the electronic transaction system (called in this section the source electronic record), the Authority may correct the typographical or clerical error if the Authority is satisfied that the corrected data would accurately correspond to the contents of the source electronic record; or

in any other case, the Authority may correct the electronic record relating to the conveyancing transaction stored in the electronic transaction system, if the Authority is satisfied that all of the parties to the conveyancing transaction consent in writing to —

the correction; and

the date on which the correction should take effect from.(3) When a correction is made by the Authority under subsection (2)(a), the correction takes effect from the date that the source electronic record was first recorded in the electronic transaction system.(4) When a correction is made by the Authority under subsection (2)(b), the correction takes effect from the date of the application under subsection (1) or another date after the firstmentioned date as specified by the Authority taking into account the consent of the parties mentioned in subsection (2)(b).(5) The Authority must maintain a record of every correction made under subsection (2), including any effective date for the correction specified under subsection (4).(6) For the purposes of subsection (4), “date of the application under subsection (1)” means the date on which the complete application under subsection (1), containing all the information required by the Authority to make the correction under subsection (2)(b), was submitted.(7) Subsection (1) does not apply to any error in any type of electronic records which relates to one or more prescribed key terms of the conveyancing transaction.(8) The decision made by the Authority on whether to make a correction under subsection (2) is final.Electronic transaction system — protection of Authority, etc., from liability

by reason of any error, omission, delay or disruption caused in relation to any transaction processed, being processed, or intended to be processed by the electronic transaction system if —

the error, omission, delay or disruption had occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

the malfunction of the electronic transaction system or cybersecurity incident affecting the electronic transaction system had occurred despite the Authority having acted in good faith and with reasonable care to prevent such malfunction or cybersecurity incident from occurring;

by reason of, or arising in the course of, the person’s use of the electronic transaction system if —

the person used the electronic transaction system in a manner which does not meet the prescribed requirements mentioned in section 23(4); and

the Authority had acted in good faith and with reasonable care in relation to the person’s use of the electronic transaction system mentioned in sub‑paragraph (i) at all relevant times; or

by reason of any correction made under section 26(2) or the specification of an effective date for a correction under section 26(4), if the Authority had acted in good faith and with reasonable care when making the correction under section 26(2) or when specifying the effective date under section 26(4).Rules for this Part28.—

The Minister may make any rules that are necessary or expedient for carrying out the purposes of this Part.(2) Without limiting subsection (1), the Minister may make rules for or with respect to all or any of the following matters:

prescribing the procedure for the use of the electronic transaction system, including the procedure where there is a malfunction of the electronic transaction system or where there is a cybersecurity incident affecting the electronic transaction system;

prescribing the minimum period for which the Authority must keep a record of a conveyancing transaction that was carried out using the electronic transaction system;

prescribing any fees payable for the purposes of this Part, and the manner in which such fees are to be paid;

prescribing what constitutes conveyancing money;

prescribing anything which may be prescribed under this Part;

prescribing such supplementary and incidental provisions that appear to the Minister to be appropriate for carrying out the purposes of this Part.”.

after subsection (1), insert —“(1A) The Board may use an electronic seal in lieu of the common seal mentioned in subsection (1), where the use of a seal in electronic form is required or permitted under any written law or rule of law.(1B) An electronic seal mentioned in subsection (1A) must be affixed to an electronic record using a method that identifies the electronic seal as the lawful seal of the Board, where the method used is either —

as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or

proven in fact to have fulfilled the function of identifying the electronic seal as the lawful seal of the Board, by itself or together with further evidence.”;

replace subsections (2) and (3) with —“(2) Subject to subsections (3) and (3A), every deed, document and other instrument requiring the seal of the Board must be sealed with the seal of the Board and every instrument to which the seal is affixed must be —

signed by the Chairperson, the Deputy Chairperson or a member of the Board; and (b)countersigned by an officer of the Board authorised by the Board for that purpose.(3) Every deed, document and other instrument which relates to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act may be sealed with the seal of the Board, and every instrument to which the seal is affixed must be signed by an officer of the Board authorised by the Board for that purpose.(3A) Every deed, document and other instrument which relates to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act, in the form of an electronic record in a prescribed electronic transaction system, may be sealed with the electronic seal of the Board; and every instrument to which the electronic seal is affixed must be signed by an officer of the Board authorised by the Board for that purpose in accordance with subsection (5).(3B) The signing mentioned in subsection (2), (3) or (3A) is sufficient evidence that the seal or electronic seal (as the case may be) is duly and properly affixed and that it is the lawful seal of the Board.”;

in subsection (4), replace “or (3)” with “, (3) or (3A)”; and

after subsection (4), insert —“(5) For the purposes of subsection (3A), the officer of the Board must sign the deed, document or other instrument in the form of an electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system.(6) In this section and section 4A —“electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;“electronic seal” means an electronic symbol of a seal of the Board that satisfies the requirements in subsection (1B);“prescribed electronic transaction system” has the meaning given by section 16T(1) of the Electronic Transactions Act 2010;“secure electronic signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.”.

The Board may execute a document described or expressed as a deed, which relates to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act, without affixing its common seal onto the document, by signature —

on behalf of the Board by a member of the Board and an officer of the Board authorised by the Board for that purpose;

on behalf of the Board by a member of the Board in the presence of a witness who attests the signature; or

on behalf of the Board by at least 2 officers of the Board, each duly authorised by the Board for that purpose.(2) A document mentioned in subsection (1) that is signed on behalf of the Board in accordance with that subsection has the same effect as if the document were executed under the common seal of the Board.(3) Section 11 of the Registration of Deeds Act 1988 does not apply to any document that has been purportedly executed in the manner set out in subsection (1).(4) For the purposes of subsection (1)(a), (b) and (c), where the document described or expressed as a deed is in the form of an electronic record, each person signing the document must sign it by applying a prescribed secure electronic signature to the electronic record.Alternative to sealing for certain documents4B. Where any written law or rule of law requires any document which relates to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act, to be under or executed under the common seal of the Board, or provides for certain consequences if it is not, a document satisfies that written law or rule of law if the document is signed in the manner set out in section 4A(1)(a), (b) or (c) and (4).”.

the Board to process applications and requests in relation to conveyancing transactions (as defined in section 94A); and

the carrying out of conveyancing transactions (as defined in section 94A) using electronic instruments (as defined in section 94A);”.

the sale, purchase or assignment of any HDB property;

the grant of a lease in respect of HDB property; and

the grant of a mortgage of or charge on HDB property, or the redemption or discharge thereof; “cybersecurity” means the state in which a computer or computer system is protected from unauthorised access or attack, and where because of that state —

the computer or computer system continues to be available and operational;

the integrity of the computer or computer system is maintained; and

the integrity and confidentiality of information stored in, processed by or transmitted through the computer or computer system is maintained;“cybersecurity incident” means an act or activity carried out without lawful authority on or through a computer or computer system that jeopardises or adversely affects its cybersecurity or the cybersecurity of another computer or computer system;“electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010;“electronic instrument” means an instrument in electronic form;“HDB property” means any flat, house or other building, or any part thereof, which has been or is to be acquired from the Board, whether directly or indirectly;“malfunction”, in relation to the electronic transaction system, includes any defect or breakdown in that system or in any equipment, software or telecommunication networks used in or in connection with that system.Electronic transaction system94B.—

The Board may establish an electronic transaction system —

to enable a person to create an electronic instrument with a view to carrying out a conveyancing transaction;

to enable a person to carry out a conveyancing transaction using one or more electronic instruments;

to facilitate a person’s payment of conveyancing money to another person;

to enable a person to access a service provided by the Board or a third party service provider, in relation to the carrying out of a conveyancing transaction;

to enable a person to apply for a mortgage loan in relation to the carrying out of a conveyancing transaction;

to enable a person to serve (with the intended recipient’s consent) any document or notice in relation to a conveyancing transaction;

to enable a person to be served (with the person’s consent) any document or notice in relation to a conveyancing transaction;

to enable the Board to process and approve or reject applications and requests in relation to a conveyancing transaction carried out (or to be carried out) using the electronic transaction system; and

to enable the Board to carry out any of the Board’s functions, or to provide any other service falling within those functions.(2) Where any conveyancing transaction can be carried out using the electronic transaction system, the Board may refuse to process the transaction if —

the conveyancing transaction is not carried out in accordance with the prescribed requirements for the use of the electronic transaction system mentioned in subsection (3); or

the fee payable for the use of the electronic transaction system to process the conveyancing transaction (if prescribed by rules made under section 94F) has not been paid.(3) Subject to this Part, the Minister may prescribe requirements for the use of the electronic transaction system, which may include —

conditions of access to, and use of, the electronic transaction system;

security and authentication requirements for access to, and use of, the electronic transaction system;

retention and production of documents supporting or authenticating transactions;

modes of payment for transactions; and

requirements for the purpose of preventing money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction.(4) The Board must retain the records in accordance with section 9 of the Electronic Transactions Act 2010, for a prescribed period, of all conveyancing transactions that are carried out using the electronic transaction system.(5) Any agent who is authorised by the agent’s principal may take any step on behalf of the principal (including to accept service of any document or notice) in relation to a conveyancing transaction through the electronic transaction system.(6) In subsection (1)(d), “third party service provider” means a person (other than the Board) which provides a service, whether on a commercial basis or not, which relates to the carrying out of a conveyancing transaction.Evidence of transaction on electronic transaction system94C.—

Despite any other written law or rule of law —

a copy of the whole or any part of any original document or instrument that is certified by the Board to be a true copy of the whole or the relevant part of the original document or instrument is in any proceedings admissible in evidence as of equal validity with the original document or instrument; and

any document prepared by the Board that —

consists of information reproduced or extracted from any original document or instrument; and

contains a statement by the Board that the information is a true reproduction or extract of the original document or instrument,is, unless evidence to the contrary is adduced, admissible in evidence in place of and to the same extent as the original document or instrument.(2) In this section, “original document or instrument” means a document or instrument created, edited, uploaded or used by a person in relation to —

a conveyancing transaction carried out (or to be carried out) using the electronic transaction system; or

an application or a request made (or to be made) using the electronic transaction system in relation to a conveyancing transaction mentioned in paragraph (a).Electronic transaction system — errors and omissions arising from malfunction or cybersecurity incident94D.—

Subject to subsection (8), despite any other written law or rule of law, the Board may correct any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction, if —

the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

after being given written notice under subsection (2) of the correction which the Board intends to make and a reasonable opportunity to make representations to the Board, either —

all the parties to the conveyancing transaction agree to the intended correction; or

none of the parties to the conveyancing transaction satisfies the Board that the correction is inaccurate.(2) Before the Board corrects any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction (called in this section the relevant conveyancing transaction), the Board must give all the parties to the relevant conveyancing transaction written notice of —

the correction which the Board intends to make under subsection (1); and

the date on which the Board intends to make the correction.(3) The date mentioned in subsection (2)(b) must not be earlier than 14 days after the date of the written notice mentioned in subsection (2).(4) Any party to the relevant conveyancing transaction may, at any time before the date mentioned in subsection (2)(b) —

notify the Board that the party agrees to the intended correction; or

make representations to the Board relating to the accuracy of the Board’s intended correction mentioned in subsection (2)(a).(5) Upon the receipt of any representations made under subsection (4), the Board may seek clarification from any party to the relevant conveyancing transaction with regard to anything mentioned in the representations which relates to the accuracy of the Board’s intended correction.(6) The Board must consider any representations made under subsection (4), together with any clarification obtained by the Board under subsection (5), and —

if the Board is satisfied that the Board’s intended correction mentioned in subsection (2)(a) is inaccurate — give the parties to the relevant conveyancing transaction —

a written notice that the Board is so satisfied and will not make the correction which the Board earlier intended to make; or

a written notice that the Board is so satisfied and will make a different correction on a specified date unless the parties satisfy the Board that this different correction is inaccurate; or

if the Board is not satisfied that the Board’s intended correction mentioned in subsection (2)(a) is inaccurate — proceed to make the correction under subsection (1).(7) Where the Board gives a written notice mentioned in subsection (6)(a)(ii), subsections (2) to (6) apply, with the necessary modifications, to the proposed different correction.(8) Despite any other written law or rule of law, the Board may correct any error or omission in the records of the electronic transaction system pertaining to any decision made or any document issued by the Board in relation to a conveyancing transaction, if the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system.(9) The Board must maintain a record of every correction made under subsection (1) or (8).(10) When any error or omission has been corrected under subsection (1) or (8), the error or omission is deemed not to have occurred.Electronic transaction system — protection of Board, etc., from liability94E. The Board, or any person acting under the direction of the Board, is not liable for any loss or damage suffered by any person —

by reason of any error, omission, delay or disruption caused in relation to any transaction, application or request processed, being processed, or intended to be processed by the electronic transaction system if —

the error, omission, delay or disruption had occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

the malfunction of the electronic transaction system or cybersecurity incident affecting the electronic transaction system had occurred despite the Board having acted in good faith and with reasonable care to prevent such malfunction or cybersecurity incident from occurring; or

by reason of, or arising in the course of, the person’s use of the electronic transaction system if —

the person used the electronic transaction system in a manner which does not meet the prescribed requirements mentioned in section 94B(3); and

the Board had acted in good faith and with reasonable care in relation to the person’s use of the electronic transaction system mentioned in sub‑paragraph (i) at all relevant times.Power to make rules94F.—

The Minister may make any rules that are necessary or expedient for carrying out the purposes of this Part.(2) Without limiting subsection (1), the Minister may make rules for or in respect of all or any of the following matters:

prescribing the procedure for the use of the electronic transaction system, including the procedure where there is a malfunction of the electronic transaction system or where there is a cybersecurity incident affecting the electronic transaction system;

prescribing the minimum period for which the Board must keep a record of a conveyancing transaction that was carried out using the electronic transaction system;

prescribing any fees payable for the purposes of this Part, and the manner in which such fees are to be paid;

prescribing what constitutes conveyancing money;

prescribing anything which may be prescribed under this Part;

prescribing such supplementary and incidental provisions that appear to the Minister to be appropriate for carrying out the purposes of this Part.”.

For the purposes of paragraph 1(1)(c), if the Public Guardian has given prior approval under sub‑paragraph (3)(a) of the donor’s eligibility to have the donor’s execution of the instrument witnessed in accordance with this sub‑paragraph, the requirement that the donor execute an electronic instrument in the presence of a witness who is a person mentioned in paragraph 2(1)(e) may be met by the witness —

witnessing in Singapore the donor’s execution of the electronic instrument; and (b)attesting the execution on the same instrument, by using a method which includes live two‑way interactive audiovisual communications and which enables the witness to —

maintain visual contact and communicate with the donor throughout the process;

confirm the identity of the donor;

verify by a method of accessing the electronic instrument, the contents of the electronic instrument being signed, including the donor’s secure electronic signature after it is applied to the instrument;

attest (by using the witness’ secure electronic signature) the donor’s execution on the same instrument; and

fulfil any other prescribed requirement.(2) Where a donor wishes to have the donor’s execution of an electronic instrument witnessed in accordance with sub‑paragraph (1), the donor may apply to the Public Guardian for approval of the donor’s eligibility to do so.(3) Upon an application by the donor under sub‑paragraph (2), the Public Guardian may —

if the Public Guardian is satisfied that all the conditions in sub‑paragraph (4) are met at the time of the application — grant approval of the donor’s eligibility to have the donor’s execution of the instrument witnessed in accordance with sub‑paragraph (1); or

in any other case — notify the donor that approval of the donor’s eligibility is not granted.(4) The conditions mentioned in sub‑paragraph (3)(a) are that —

the donor is under 75 years of age;

the proposed donee (or, if there is more than one proposed donee, each of them) belongs to a category of persons whose relationship with the donor makes it likely that the person (if appointed as a donee) will act in the donor’s best interests, as set out in sub‑paragraph (5); and

none of the following risks pertaining to the execution is significant:

the risk that fraud or undue pressure is used to induce the donor to execute the instrument or to execute the instrument to appoint a particular person as the donor’s donee;

the risk that the donor lacks capacity to execute the instrument;

the risk that the proposed donee (or, if there is more than one proposed donee, any of them) will not act in the donor’s best interests.(5) Each of the following is a category of persons mentioned in sub‑paragraph (4)(b):

any family member of the donor;

any professional donee who provides the services of a donee to the donor, for remuneration.(6) To avoid doubt, other than the requirement in paragraph 1(1)(c) that the donor execute the instrument in the presence of a witness, this paragraph does not affect any other requirement that applies to the donor or the witness in relation to the execution of an instrument.(7) For the purposes of this paragraph, the witnessing of a donor’s execution of an electronic instrument takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:

the donor;

the witness.(8) In this paragraph, “family member”, in relation to a donor, means —

a spouse of the donor;

a child of the donor, including an adopted child and a step‑child;

a father or mother of the donor;

a father‑in‑law or mother‑in‑law of the donor;

a brother or sister of the donor; or

any other individual who is related by blood or marriage and who is living in the same household as the donor.”.